Home/Case Law/HECTOR GALINDO vs. RAININ INSTRUMENTS, LLC, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, YORK RISK SERVICES GROUP, INC.
Regular DecisionWorkers' Compensation

HECTOR GALINDO vs. RAININ INSTRUMENTS, LLC, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, YORK RISK SERVICES GROUP, INC.

Filed: Sep 18, 2015
Oakland
ADJ8693647

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The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the WCJ's decision. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate here. The WCJ correctly found no basis to disqualify the Qualified Medical Examiner (QME) Richard Luros, M.D., rejecting claims of ex parte communication and premature request for a replacement panel. The Board adopted the WCJ's reasoning, finding that reconsideration would be an adequate remedy if an adverse decision ultimately issues.

Full Decision Text1 Pages

Here's a summary of the case for a lawyer:

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the WCJ's decision. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate here. The WCJ correctly found no basis to disqualify the Qualified Medical Examiner (QME) Richard Luros, M.D., rejecting claims of ex parte communication and premature request for a replacement panel. The Board adopted the WCJ's reasoning, finding that reconsideration would be an adequate remedy if an adverse decision ultimately issues.

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HECTOR GALINDO vs. RAININ INSTRUMENTS, LLC, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, YORK RISK SERVICES GROUP, INC. (2015) – Oakland | CompFox